DRG-CCD USPSC Sol 7200AA24R00063_DRG Cadre Support Specialist_5.6.24.pdf

U.S. Agency for International Development 1300 Pennsylvania Avenue, NW Washington, DC 20523 www.usaid.gov

SOLICITATION NUMBER: 7200AA24R00042

ISSUANCE DATE: 5/06/2024

CLOSING DATE AND TIME: 06/07/2024

SUBJECT: Solicitation for U.S. Personal Service Contractor (USPSC)

Dear Prospective Offerors:

The United States Government, represented by the U.S. Agency for International Development (USAID), is seeking offers from qualified persons to provide personal services under contract as described in this solicitation.

Offers must be in accordance with Attachment 1 of this solicitation. Incomplete or unsigned offers will not be considered. Offerors should retain copies of all offer materials for their records.

USAID will evaluate all offerors based on the stated evaluation criteria. USAID encourages all individuals, including those from disadvantaged and under-represented groups, to respond to the solicitation.

This solicitation in no way obligates USAID to award a PSC contract, nor does it commit USAID to pay any cost incurred in the preparation and submission of the offer.

Any questions must be directed in writing to the Point of Contact specified in Attachment 1.

Sincerely, Mir Ershadullah Contracting Officer

Solicitation #7200AA24R00063

USPSC – DRG Cadre Support Specialist

U.S. Agency for International Development 1300 Pennsylvania Avenue, NW Washington, DC 20523 www.usaid.gov

ATTACHMENT 1

I. GENERAL INFORMATION

1. SOLICITATION NO.: 7200AA24R00063

2. ISSUANCE DATE: 5/06/2024

3. CLOSING DATE AND TIME FOR RECEIPT OF OFFERS: 06/07/2024 at 3 PM EDT

4. POINT OF CONTACT: Jonathan Bui, e-mail at jbui@usaid.gov

5. POSITION TITLE: DRG Cadre Support Specialist

6. MARKET VALUE: $117,962 - $153,354 per year equivalent to GS-13

Final compensation will be negotiated within the listed market value and will include Locality Pay for domestic USPSCs based on the location of the Official USAID Worksite, or the approved alternative worksite if approved for remote work. USPSCs performing overseas are not entitled to Locality Pay.

7. PERIOD OF PERFORMANCE: Two years, with up to three one-year option periods, estimated to start on within 45 days of receiving notification that required security clearance has been obtained. Based on the Agency need, the Contracting Officer may exercise (an) additional option period(s) for one year for the date(s) estimated as follows:

Base Period TBD

Option Period 1 TBD

Option Period 2 TBD

Option Period 3 TBD

8. PLACE OF PERFORMANCE: USAID/Washington with possible travel as stated in the

Statement of Duties. Relocation expenses will not be reimbursed for U.S.-based positions. Telework may be authorized in certain situations in accordance with the terms and conditions of the contract.

9. SECURITY LEVEL REQUIRED: Facility Access

U.S. Agency for International Development 1300 Pennsylvania Avenue, NW Washington, DC 20523 www.usaid.gov

10. STATEMENT OF DUTIES

BACKGROUND

The USPSC will serve as a Specialist at the GS-13 level within the DRG Bureau’s Management and Cadre Support (MCS) Office, specifically on the Cadre Support Team. The PSC will oversee the DRG Bureau’s surge support to provide short, medium, and longer-term technical assistance and coverage to USAID overseas operating units. The Specialist will serve as the Contracting Officer Representative for an award(s) intended to provide consultant services and/or surge-support to USAID overseas operating units through an ISC contract and/or several U.S. Personal Services Contracts. This will require a sound understanding of budgeting, USAID’s field support database, contracting regulations, and strong organizational skills.

The USPSC will need to have strong communication and customer service skills, as this position requires regular communication with other offices within the DRG Bureau, Management Bureau, Bureau for Human Capital and Talent Management (HCTM), USAID regional/geographic bureaus, and with USAID overseas operating units.

The USPSC will also support other workstreams in the DRG/MCS portfolio, including Foreign Service National (FSN) Empowerment and coordination for the DRG Foreign Service Backstop, backstop 76 (BS76).

Up to 25% travel to USAID overseas operating units may be required.

Duties and responsibilities of the position:

COR Responsibilities The ability to obtain a level 1 COR certification.

Managing a large contract and/or several USPSC contracts.

Outreach, communication, and coordination with USAID overseas operating units in the provision of temporary duty (TDY) support.

Budgeting Strong and consistent communication with the Missions, the DRG Budget Team, and DRG leadership to ensure funding is being allocated correctly and in a timely manner.

Review and ensure the financial data of invoices from the contractor is correct, and that the funds are being charged to the correct accounts.

The ability to work within the Field Support Database, and ensure that Missions have provided the correct information to charge them for their consultants costs.

Contracting Work with OAA on amending the contracts of PSCs when they change duty stations.

Drafting awards and contracts, specifically PSC and ISC focused procurements, for the Bureau

U.S. Agency for International Development 1300 Pennsylvania Avenue, NW Washington, DC 20523 www.usaid.gov when PSC contracts expire or when the surge-support mechanism ends.

Management Working with direct-hire staff to ensure the management of PSCs providing field support by collecting information from their duty stations and from their current set of colleagues at the mission.

FSN Empowerment and Backstop 76 Workstreams Ability to support the workstream and coordinate with team members to ensure the timely delivery of products and services.

Able to work with a variety of FSOs and FSNs to collect data and provide services to both hiring mechanisms.

Responsibility for Decision Making

The DRG Cadre Support Specialist is responsible for working with minimal supervision while coordinating with missions and other operating units within USAID. This includes OAA, M Bureau, and the DRG Program Office. These communications will not be supervised and the PSC is expected to ensure the smooth operation and deployment of the Tiger Team PSCs. The PSC will need to understand and develop ways of measuring success and report those to their supervisor. This position will regularly interact with leadership and be part of sensitive decision making, determining where Tiger Team PSCs will be deployed, and will need to exercise discretion to keep those decisions confidential.

Knowledge Level

The DRG Cadre Support Specialist must demonstrate their ability to get a COR level 1 certification and show experience in budgeting, and the field support database. The COR experience will allow them to better understand the Tiger Team mechanism in M Bureau and set up a Tiger Team mechanism within DRG. The specialist will require strong organizational skills to ensure that payments from the missions are received on time and everything is being paid correctly. An advanced degree in the social sciences, particularly those most closely related to the DRG sectors (such as political science, international development, international relations, anthropology, sociology) and the cross-cutting areas of international or domestic development, human rights, and democracy and governance arena.

Supervisory Controls

The DRG Cadre Support Specialist will report to the Team Leader for Cadre Support and Development or their designee in close collaboration with the Cadre Outreach Specialist. The Cadre Support Team lead will be informed of and approve all recommendations for

U.S. Agency for International Development 1300 Pennsylvania Avenue, NW Washington, DC 20523 www.usaid.gov deployments provided by the Support Specialist to leadership. The Support Specialist will be responsible for designing projects for the Team Leads approval, and ensuring they are enacted smoothly.

Performance Guidelines

DRG Cadre Support Specialist will receive general requests for support from Missions and must use their understanding of the Tiger Team mechanism, DRG Bureau priorities, and budgeting to correctly assign PSCs to the right deployment. Leadership guidance on priorities is limited so the Support Specialist will need to be able to interpret general objectives from leadership. The incumbent will need to show initiative in understanding DRG Bureau priorities. This will allow them to develop policies for how and why we prioritize certain types of deployments for our Tiger Team PSCs. The incumbent will then need to socialize these newly crafted guidelines with the field for their awareness. The Support Specialist must understand Agency guidelines around contracting and staff going to the field, specifically PSC contract requirements.

Complexity

DRG Cadre Support Specialist’s duties will be significantly varied across the Cadre Support Team and will require a high degree of knowledge. The Specialist will focus on supporting Missions through prioritizing Tiger Team deployments, but must also communicate and coordinate effectively with those Missions and DRG partners such as OAA and M Bureau. They will also need to work with the Cadre Support Team on general goals related to resilience, DEIA, and outreach. Those tasks vary from newsletters to surveys of the field. The incumbent will need to be able to understand how a country's context affects the DRG Bureau’s ability to provide support staff and how to prioritize requests for leadership. The Specialist will need to identify and develop ways to socialize the Tiger Team PSCs with missions and resolve issues arising from the prioritization of those deployments. The Specialist will need to ensure they establish criteria for the prioritization of deployments, social those criteria, and develop techniques and practices for ensure missions understand why a request could be turned down. Navigating these communication problems will ensure they resolve potential issues. before they arise. It will ensure the Specialist accomplishes the principal goal of providing support to the Missions in a long-term, sustainable manner.

Scope and Effect

The DRG Cadre Support Specialist will be the key point of contact for the Tiger Team PSCs that support the Backstop 76 Cadre. They will need to assess the overall effectiveness of those PSCs and their deployments to effectively prioritize which deployments are important. This will allow them to give accurate recommendations to Leadership on which deployments each PSC should take and which deployments are the most critical to achieve the DRG Bureau’s objectives. They

U.S. Agency for International Development 1300 Pennsylvania Avenue, NW Washington, DC 20523 www.usaid.gov will need to establish criteria for these evaluations that are clear and concise so as to be easily understood by leadership. These deployments will be global and available to all Missions, so the criteria will affect a wide range of agency personnel and activities. The Specialist work will guide and coordinate the DRG Bureau’s support to the field in the form of Tiger Team PSC deployments, which will require detailed planning. The Specialist will need to set goals for how many TDYs are sustainable within a year, how much those costs, and review those goals to ensure they are reasonable. This work will be reviewed by the Cadre Outreach Specialist and the Cadre Support Team lead for feasibility, but will be accepted by the Team Lead as recommendations from a specialist.

Personal Contacts

The DRG Cadre Support Specialist will serve as a key liaison with a variety of stakeholder groups within USAID, external groups, and the inter-agency in identifying best practices that may be applied to the DRG operating environment. The Specialist needs to identify the best ways to communicate with the following operating units. Each will be integral to the work of the Specialist, but the identification of contacts and cementing of good communication channels will be critical. The incumbent will work closely with M Bureau and OAA to ensure that the payments for the deployment of the Tiger Team PSCs are done correctly and loaded into the FS Database. They will ensure that the MOU, signed by DRG and M Bureau, is followed and roles are correctly carried out. They will need to be in contact with DRG Bureau Leadership on a regular basis to ensure that the priorities of leadership with regards to these deployments are enacted

Purpose of Contacts

The DRG Cadre Support Specialist will draw on their subject matter expertise in budgeting, contract management, and general communication skills to better facilitate the DRG Bureau’s ability to provide support to the field. They will work closely with teammates on the Cadre Support Team and throughout the DRG Bureau to ensure the timely and appropriate support is provided to the missions. The Specialist will work with DRG Bureau Leadership to ensure they are articulating their priorities and that the criteria created by the incumbent is in line with those priorities. The incumbent will likewise work closely with OAA and M Bureau to ensure a good rapport.

Physical Demands

The work is generally performed in an office environment, is sedentary, and does not pose undue physical demands.

U.S. Agency for International Development 1300 Pennsylvania Avenue, NW Washington, DC 20523 www.usaid.gov

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

• Knowledge acquired through education or progressive responsible experience equivalent to this level in the professional or technical field equivalent to the graduate or higher degree level with significant study in or pertinent to the specialized field, as distinguished from general education.

• Degree in political science, international development, management and contracting, business, accounting, international relations, anthropology, sociology, psychology, or a related social science.

• Experience in four quadrants: (1) Contracting, (2) Communications (3) Management and(4) Budgeting.

• Relevant domestic or overseas experience working with U.S. government, international organizations, donor development agencies, non-governmental organizations, private sector, academic organizations, or other agencies and processes involved in DRG issues.

III. EVALUATION AND SELECTION FACTORS

The Government may award a contract without discussions with offerors in accordance with FAR 52.215-1. The CO reserves the right at any point in the evaluation process to establish a competitive range of offerors with whom negotiations will be conducted pursuant to FAR 15.306(c). In accordance with FAR 52.215-1, if the CO determines that the number of offers that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the CO may limit the number of offerors in the competitive range to the greatest number that will permit an efficient competition among the most highly rated offers. The FAR provisions referenced above are available at https://www.acquisition.gov/browse/index/far.

Each sub-factor will be weighted equally within the rating factor. The Technical Evaluation Committee (TEC) will select candidates to interview based on a preliminary review of applications. References will be checked only for those candidates interviewed. The TEC may conduct reference checks, including references from individuals who have not been specifically identified by the offeror, and may do so before or after a candidate is interviewed. Upon completion of interviews and reference checks, TEC members will revise their scores for those candidates.

The Evaluation Factors are used to determine the competitive ranking of qualified offerors in comparison to other offerors.

Offerors should cite specific, illustrative examples for each factor. Responses must be limited to 500 words per factor. Any additional words above the limit will neither be read nor scored.

Applicants will address factors 1 through 4.

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The candidate with the highest overall score will be selected based on the criteria below:

1. Technical Expertise (60 points) Demonstrated ability to contribute to analysis and provide recommendations on issues related to the following four quadrants: (1) contracting (2) communications and organization (3) management and (4) budgeting. The candidate should have knowledge of adapting workplace design and programming for fostering, maintaining, and strengthening organizational well-being. Have experience preparing budgets and short form analysis for senior management and has supported the design of contracts and procurements, including cost estimates. Technical expertise that would allow the incumbent to review, assess, and recommend revisions of DRG Bureau policy relating to how we serve the field and what resources can be better brought to better serve our missions.

2. Communication (30 points)

Have an outstanding, demonstrated ability and proven track record to communicate effectively orally and in writing, with senior officials within USAID, other USG agencies, DRG implementing partners, and global stakeholders. Ability to create and disseminate materials that show, in an organized and concise way, what the mechanism of PSCs can do for a mission and how these services are procured.

3. Teamwork including Field Engagement and Coordination (10 points) Proven track-record of working effectively, collaboratively, and contribute to the resilience of diverse teams. Ability to work with colleagues of diverse backgrounds and opinions. Ability to work across teams within the DRG Bureau and throughout the Agency to ensure that the contract is executed correctly and that the mission's needs are met in a timely and organized manner.

BASIS OF RATING: Offerors who clearly meet the Education/Experience Requirements and Selection Factors will be further evaluated based on scoring of the Evaluation Factor responses.

Offerors are required to address each of the Evaluation Factors in a separate document describing specifically and accurately what experience, training, education and/or awards they have received that are relevant to each factor. Be sure to include your name and the announcement number at the top of each additional page. Failure to specifically address the Selection and/or Evaluation Factors may result in your not receiving credit for all of your pertinent experience, education, training and/or awards.

U.S. Agency for International Development 1300 Pennsylvania Avenue, NW Washington, DC 20523 www.usaid.gov

Evaluation Factors have been assigned the following points:

1. Technical Expertise: 60 points

2. Communication: 30 points

3. Teamwork: 10 points

Satisfactory Professional Reference Checks – Pass/Fail (no points assigned)

Total possible points: 100

The most qualified offeror may be interviewed, required to provide a writing sample, and demonstrate an ability to operate commonly used office applications. USAID will not pay for any expenses associated with the interviews. In addition, offers (written materials and interviews) will be evaluated based on content as well as on the offerors writing, presentation, and communication skills. In the event that an offeror has fully demonstrated his/her qualifications and there are no other competitive offerors USAID reserves the right to forego the interview process. Professional references and academic credentials will be evaluated for offerors being considered for selection. USAID reserves the right to contact previous employers to verify employment history.

IV. SUBMITTING AN OFFER

Offers must be received by the closing date and time specified in Section I, item 3, and submitted electronically via e-mail to the Point of Contact specified in Section I, item 4.

To ensure consideration of offers for the intended position, please clearly reference the solicitation number in the offer, and in the email subject line of the submission.

Offerors interested in applying for this position MUST submit the following materials:

1. Eligible offerors are required to complete and submit the offer form AID 309-2, “Offeror Information for Personal Services Contracts with Individuals,” available at http://www.usaid.gov/forms. This form must be physically signed (hand-written signature). Unsigned forms will not be accepted. Electronic signatures will not be accepted.

2. Complete resume. Your resume should contain sufficient information to make a valid determination that you fully meet the education and experience requirements as stated in the solicitation. This information should be clearly identified in your resume. Failure to provide information sufficient to determine your qualifications for the position will result in loss of full consideration.

In order to fully evaluate your offer your resume must include:

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(a) Paid and non-paid experience, job title, location(s), dates held (month/year), and hours worked per week for each position. Any experience that does not include dates (month/year), locations, and hours per week may not be counted towards meeting the solicitation requirements.

(b) Specific duties performed that fully detail the level and complexity of the work.

(c) Education and any other qualifications including job-related training courses, job-related skills, or job-related honors, awards or accomplishments. Upon request, transcripts and/or certifications must be submitted.

3. List of References. Offerors must submit three (3) professional references, who are not family members or relatives, who have knowledge of the offeror’s ability to perform the duties set forth in this solicitation. At least one (1) reference must be from a direct supervisor (current or prior). Submitted references MUST include the following information:

(a) Name of reference;

(b) Offeror’s relationship to the reference;

(c) Title of reference at current job;

(d) Reference current telephone number; and

(e) Reference current email address.

USAID reserves the right to contact previous employers to verify employment history.

Additional documents submitted will not be accepted. Incomplete or late offers will not be considered.

By submitting your offer materials, you certify that all of the information on and attached to the offer is true, correct, complete, and made in good faith. You agree to allow all information on and attached to the offer to be investigated.

False or fraudulent information on or attached to your offer may result in you being eliminated from consideration for this position, or being terminated after award, and may be punishable by fine or imprisonment.

NOTE REGARDING UNIQUE ENTITY IDENTIFIER (UEI) AND THE SYSTEM FOR AWARD

MANAGEMENT: All USPSCs with a place of performance in the United States are required to have a Unique Entity Identifier (UEI) and be registered in the System for Award Management (SAM) database prior to receiving an award. You will be disqualified if you either fail to comply with this requirement or if your name appears on the excluded parties list. Registration information is available at www.sam.gov and further guidance will be provided to the selectee regarding UEI and SAM registration.

U.S. Agency for International Development 1300 Pennsylvania Avenue, NW Washington, DC 20523 www.usaid.gov

NOTE: Registration for a UEI number and registration in SAM is FREE.

Interested offerors are highly encouraged to initiate the registration process early to avoid any delays during contract award.

V. LIST OF REQUIRED FORMS PRIOR TO AWARD

The CO will provide instructions about how to complete and submit the following forms after an offeror is selected for the contract award:

1. Questionnaire for Sensitive Positions (for National Security) (SF-86), or Questionnaire for Non- Sensitive Positions (SF-85)

2. Finger Print Card (FD-258)

3. Employment Eligibility Verification (I-9 Form)

VI. BENEFITS AND ALLOWANCES

As a matter of policy, and as appropriate, a USPSC is normally authorized the following benefits and allowances:

1. BENEFITS:

(a) Employer's FICA Contribution

(b) Contribution toward Health & Life Insurance

(c) Pay Comparability Adjustment

(d) Annual Increase (pending a satisfactory performance evaluation)

(e) Eligibility for Worker's Compensation

(f) Annual and Sick Leave

2. ALLOWANCES

Section numbers refer to rules from the Department of State Standardized Regulations (Government Civilians Foreign Areas), available at https://aoprals.state.gov/content.asp?content_id=282&menu_id=101

(a) Temporary Quarter Subsistence Allowance (Section 120)

(b) Living Quarters Allowance (Section 130)

(c) Cost-of-Living Allowance (Chapter 210)

(d) Post Allowance (Section 220)

(e) Separate Maintenance Allowance (Section 260)

(f) Education Allowance (Section 270)

(g) Education Travel (Section 280)

(h) Post Differential (Chapter 500)

(i) Payments during Evacuation/Authorized Departure (Section 600), and

(j) Danger Pay Allowance (Section 650)

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VII. TAXES

USPSCs are required to pay Federal income taxes, FICA, Medicare and applicable State Income taxes.

VIII. USAID REGULATIONS, POLICIES AND CONTRACT CLAUSES PERTAINING TO PSCs

USAID regulations and policies governing USPSC awards are available at these sources:

1. USAID Acquisition Regulation (AIDAR), Appendix D, “Direct USAID Contracts with a U.S.

Citizen or a U.S. Resident Alien for Personal Services Abroad,” including contract clause “General Provisions,” available at https://usaid.gov/ads/policy/300/aidar

2. Contract Cover Page form AID 309-1 available at https://www.usaid.gov/forms.

LINE ITEMS

ITEM

NO

(A)

SUPPLIES/SERVICES

(DESCRIPTION) (B)

QUANTITY

(C)

UNIT

(D)

UNIT

PRICE

(E)

AMOUNT (F)

0001 Base Period - Compensation, Fringe Benefits and Other Direct Costs (ODCs)

• Award Type: Cost

• Product Service Code: [e.g.

R497]

• Accounting Info: [insert one or more citation(s) from Phoenix/GLAAS]

1 LOT $ _TBD $_TBD at Award after negotiations with Contractor

1001 Option Period 1 – Compensation, Fringe Benefits and Other Direct Costs (ODCs)

• Award Type: Cost

• Product Service Code: [e.g.

R497]

• Accounting Info: [insert from

Phoenix/GLAAS]

1 LOT $ _TBD $_TBD at Award after negotiations with Contractor https://usaid.gov/ads/policy/300/aidar https://www.usaid.gov/forms

U.S. Agency for International Development 1300 Pennsylvania Avenue, NW Washington, DC 20523 www.usaid.gov

2001 Option Period 2 – Compensation, Fringe Benefits and Other Direct Costs (ODCs)

• Award Type: Cost

• Product Service Code: [e.g.

R497]

• Accounting Info: [insert from

Phoenix/GLAAS]

1 LOT $ _TBD $_TBD at Award after negotiations with Contractor

3001 Option Period 3 – Compensation, Fringe Benefits and Other Direct Costs (ODCs)

• Award Type: Cost

• Product Service Code: [e.g.

R497]

• Accounting Info: [insert from

Phoenix/GLAAS]

1 LOT $ _TBD $_TBD at Award after negotiations with Contractor

3. Acquisition and Assistance Policy Directives/Contract Information Bulletins (AAPDs/CIBs) for Personal Services Contracts with Individuals available at http://www.usaid.gov/work-usaid/aapds-cibs.

AAPD 22-02 Telework and Remote Work Policy for U.S. Personal Services Contracts with Individuals

Revised AIDAR Clause GP4 based on Class Deviation No. M-OAA-DEV-AIDAR-22-11c

1. Work Schedule and Compensation (Pay Comparability and Locality Pay Adjustments) (JUL 2007) [Deviation (JUL 2022)]

a) Work Schedule. The contractor's work schedule shall not be less than 80 hours per pay period, unless otherwise provided in the Contract Schedule, and shall coincide with the work schedule for those employees of the USAID Mission, Bureau, or Independent Office, or the Cooperating Country agency most closely associated with the work of this contract. If the contract is for less than full time (80 hours per pay period), the annual and sick leave earned shall be prorated (see the General Provision of this contract entitled Leave and Holidays).

b) USAID promotes telework and remote work as workplace flexibilities for contractors.

However, telework and remote work are arrangements to facilitate the accomplishment of work. The ability to telework or remote work is not a right or an entitlement and not all PSC positions will be conducive to telework or remote work. Telework and remote http://www.usaid.gov/work-usaid/aapds-cibs http://www.usaid.gov/work-usaid/aapds-cibs

U.S. Agency for International Development 1300 Pennsylvania Avenue, NW Washington, DC 20523 www.usaid.gov work are discretionary tools and may be terminated for business reasons, performance, operational needs, or a contractor’s failure to comply with policy directives and required procedures and protocols. For a position that is authorized for remote work, an approved alternative worksite for the contractor will be approved in the Schedule of the contract. For positions that are not authorized for remote work, the contractor may be authorized to telework at the Agency’s discretion based on Agency policy as from time to time amended. If the position is suitable for telework, as telework is not a right or entitlement and is discretionary, the contractor must receive approval from their supervisor by submitting a Telework Agreement in accordance with Agency policy.

c) Locality Pay. A contractor based in the United States who is not authorized to remote work will be entitled to locality pay based on the location of the Official USAID Worksite.

A contractor based in the United States who is authorized to remote work will be entitled to locality pay based on the rate for the approved alternative worksite as specified in the Schedule of the contract. Any change to the approved alternative worksite will require a contract modification and may result in a change to the compensation as the locality pay will be adjusted accordingly.

A contractor serving abroad is not authorized to receive locality pay.

d) Compensation (Pay Comparability) Adjustments. The contractor's compensation shall be adjusted to reflect the pay comparability adjustments, which are granted from time to time to U.S. direct-hire employees by Executive Order for the statutory pay systems (usually in January). Any adjustments authorized are subject to the availability of funds and shall not exceed that percentage stated in the Executive Order granting the adjustment. Further, the adjusted compensation may not exceed the annual “USAID Contractor Salary Threshold (USAID CST)”, which is equivalent to the maximum rate for agencies without a certified SES performance appraisal system (or the equivalent hourly rate).

[END DEVIATED TEXT]

AAPD 21-05: Revised and Expanded Fringe Benefits for U.S. Personal Services Contractors

GP 5. LEAVE AND HOLIDAYS (NOV 2021)

(Pursuant to class deviation #M/OAA-DEV-AIDAR-22-1c)

(a) Annual Leave. (1) The contractor may accrue annual leave at the rate specified in paragraph (a)(2) of this clause as follows:

(i) If the contract period of performance is ninety (90) calendar days or more, and the contractor’s performance is continuous for the contract period of performance, the contractor is entitled to accrue annual leave as of the start date of the contract.

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(ii) If the contract period of performance is ninety (90) calendar days or more, and the contractor's performance is not continuous during the contract period of performance, the contractor is entitled to accrue annual leave only for each instance of continuous performance of ninety (90) calendar days or more.

(iii) If the contract period of performance is less than ninety (90) calendar days, the contractor is not entitled to accrue annual leave.

(2) The rate at which the contractor will accrue annual leave is based on the contractor’s time in service according to the table of this paragraph (a)(2). The accrual rates are based on a full-time, 40-hour workweek, which will be prorated if the contract provides for a shorter workweek:

Time in Service Annual Leave (AL) Accrual Rate 0 to 3 years 4 hours of leave for each 2-week period over 3, and up to 15 years

6 hours of AL for each 2-week period (including 10 hours AL for the final pay period of a calendar year) over 15 years 8 hours of AL for each 2-week period

(i) USAID will calculate the time in service based on all the previous service performed by the contractor as--:

(A) An individual personal services contractor with USAID for any duration covered by Sec.

636(a)(3) of the FAA or other statutory authority applicable to USAID; and/or

(B) A former U.S. Government (USG) direct-hire civilian employee; and/or

(C) An honorable active duty member of the uniformed services based on the definition in 5 U.S.C. 2101(3).

(ii) In addition to the information certified by the contractor in their Offeror Information form, the contracting officer may require the contractor to furnish copies of previously executed contracts, and/or other evidence of previous service (e.g. SF 50, DD Form 214 or 215) to conduct the due diligence necessary to verify creditable previous service.

(3) Annual Leave is provided under this contract primarily for the purposes of providing the contractor necessary rest and recreation during the period of performance. The contractor, in consultation with the Supervisor, must develop an annual leave schedule early in the period of performance, taking into consideration the requirements of the position, the contractor’s preference, and other factors. The maximum amount of annual leave that the contractor can carry over from one leave year to the next is limited to 240 hours. The contractor’s unused annual leave balance in excess of the 240 hour maximum at the end of the last pay period of each leave year will be forfeited, unless the requirements of the position precluded the contractor from taking such leave. The contractor may be authorized to restore annual leave for exceptional circumstances beyond the control of the contractor. The restoration of annual leave may be approved only by the USAID Administrator, cognizant Assistant Administrator or Head of an Independent Office reporting directly to the USAID Administrator, and cannot be delegated further. Annual leave restored must be scheduled and used no later than either the end of the leave year two years after either—

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(i) The date fixed by the approving official as the termination date of the exigency of the public business or other reason beyond the contractor’s control, which resulted in the forfeiture; or

(ii) The end of the contract, whichever is earlier.

(4) The contractor must use all accrued annual leave during the period of performance. At the end of the contract, the contractor will forfeit any unused annual leave except where the requirements of the position precluded the contractor from taking annual leave. In this case, the contracting officer may authorize the following:

(i) The contractor to take annual leave during the concluding weeks of the contract, not to exceed the period of performance; or

(ii) Payment of a lump-sum for annual leave not taken based on a signed, written determination and findings (D&F) from the contractor’s supervisor. The D&F must set out the facts and circumstances that prevented the contractor from taking annual leave, and the contracting officer must find that the contractor did not cause, or have the ability to control, such facts and circumstances. This lump-sum payment must not exceed the number of days the contractor could have accrued during a twelve (12)-month period based on the contractor’s accrual rate.

(5) The contractor may be granted advanced annual leave by the contracting officer when circumstances warrant. Advanced leave must be approved by the Mission Director, cognizant Assistant Administrator, or Head of an Independent Office reporting directly to the Administrator, as appropriate. In no case may the contracting officer grant advanced annual leave in excess of the amount the contractor can accrue in a twelve (12)-month period or over the life of the contract, whichever is less. At the end of the period of performance or at termination, the contractor must reimburse USAID for any outstanding balance of advanced annual leave provided to the contractor under the contract.

(b) Sick Leave. The contractor may use sick leave on the same basis and for the same purposes as USAID direct-hire employees. The contractor will accrue sick leave at a rate not to exceed four (4) hours every two (2) weeks for a maximum of thirteen (13) work-days per year based on a full-time, 40-hour workweek, and the rate of accrual will be prorated if the contract provides for a shorter workweek. The contractor may carry over unused sick leave from year to year under the same contract, and to a new follow-on contract for the same work at the same place of performance. The contractor is not authorized to carry over sick leave to a new contract for a different position or at a different location. The contractor will not be compensated for unused sick leave at the completion of this contract.

(c) Home Leave. (1) The contractor may be granted home leave to be taken only in the U.S., its commonwealth, possessions, or territories, in one continuous period, under the following conditions:

(i) The contractor must complete twenty-four (24) continuous months of service abroad under this contract, and must not have taken more than thirty (30) workdays leave (annual, sick, or LWOP) in the U.S., its commonwealths, possessions, or territories. The required service abroad will include the actual days in orientation in the U.S. (excluding any language training), travel time by the most direct route, and actual days abroad beginning on the date of arrival in the cooperating country. Any annual and sick leave taken abroad, excluding leave without pay (LWOP), will count toward the period of service abroad. Any days of annual and sick leave

U.S. Agency for International Development 1300 Pennsylvania Avenue, NW Washington, DC 20523 www.usaid.gov taken in the U.S., its commonwealths, possessions, or territories will not be counted toward the required twenty-four (24) months of service abroad.

(ii) The contractor must agree to return immediately after completing home leave to continue performance for an additional—

(A) Two (2) years, or

(B) Not less than one (1) year, if approved in writing by the Mission Director before the contractor departs on home leave.

(iii) If the contractor agrees to meet the conditions in paragraph (c)(1)(ii) of this clause above by returning to the same USAID Mission under this contract or a new contract, the contractor may be granted thirty (30) workdays of home leave.

(iv) If the contractor agrees to meet the continued performance conditions of paragraph (c)(1)(ii) of this clause and will be relocating to a different USAID Mission under a new USAID personal services contract immediately following the completion of home leave, the contractor may be granted twenty (20) workdays of home leave. USAID will provide the contractor these twenty days of home leave under this contract, not under the new contract.

(v) If home leave eligibility is based on paragraph (c)(1)(iv) of this clause, prior to departure on home leave, the contractor must submit to the contracting officer at the current Mission, a copy of the new contract with a special award condition in the contract Schedule indicating the contractor’s obligation to fulfill the commitment for continued performance in accordance with paragraph (c)(1)(ii) of this clause.

(2) Notwithstanding the requirements in paragraph (c)(1) of this clause, the contractor may be granted advanced home leave subject to all of the following conditions:

(i) Granting of advanced home leave would serve in each case to advance the attainment of the objectives of this contract; and

(ii) The contractor has served at least eighteen (18) months abroad, as defined in paragraph (c)(4) of this clause, at the same USAID Mission under this contract, and has not taken more than 30 work days leave (annual, sick or LWOP) in the U.S.; and

(iii) The contractor agrees to return immediately to the same Mission to complete the time remaining to meet the twenty-four (24) month period of service required for home leave, which begins after the contractor returns from home leave, plus an additional—

(A) Two (2) years, or

(B) Not less than one (1) year, if approved by the Mission Director, under the current contract, or under a new contract for the same or similar services at the same Mission, before the contractor departs on home leave.

(3)(i) Home leave must be taken only in the U.S., its commonwealths, possessions, or territories. Any days spent in any other location will be charged to annual leave, or if the contractor does not have accrued annual leave to cover these days, the contractor will be placed on LWOP.

(ii) Travel time by the most direct route is authorized in addition to the home leave authorized under this “Leave and Holidays” clause. Salary during travel to and from the U.S. for home leave will be limited to the time required for travel by the most direct and expeditious route. Additional home leave travel requirements are included in the “Travel and Transportation Expenses” clause of this contract.

U.S. Agency for International Development 1300 Pennsylvania Avenue, NW Washington, DC 20523 www.usaid.gov

(iii) Except for reasons beyond the contractor's control as determined by the contracting officer, the contractor must return abroad immediately after home leave to fulfill the additional required continued performance of services for any home leave provided under this contract, or else the contractor must reimburse USAID for the salary and benefits costs of home leave, travel and transportation, and any other payments related to home leave.

(iv) Unused home leave is not reimbursable under this contract.

(4) The contracting officer may authorize the contractor to spend no more than five (5) days in work status for consultation at USAID/Washington while on home leave in the U.S., before returning abroad. Consultation in excess of five (5) days or at locations other than USAID/Washington must be approved in advance by the Mission Director or the contracting officer.

(d) Home Leave for Qualifying Posts. (1) If the contractor ordinarily qualifies for home leave and has completed a 12-month period at one of the USAID qualifying Missions, as announced by the Department of State or USAID, the contractor is entitled to ten (10) workdays of home leave in addition to the home leave the contractor is normally entitled to in accordance with paragraph (c) of this “Leave and Holidays” clause.

(2) There is no requirement that an eligible contractor take this additional home leave for qualifying Missions; it is for use at the contractor’s option. If the contractor is eligible and elects to take such home leave, the contractor must take all ten (10) workdays at one time in the U.S.

under the conditions described in paragraphs (c)(3) and (c)(4) of this clause. If the contractor is returning to the U.S. and not returning abroad to the same or different USAID Mission, the contractor is not eligible for home leave for qualifying Missions, and this paragraph (d) will not apply.

(e) Holidays and Administrative Leave. The contractor is entitled to all holidays and administrative leave granted by USAID to U.S. direct-hire employees as announced by the Agency or Mission.

(f) Military Leave. Military leave of not more than fifteen (15) calendar days in any calendar year may be granted to the contractor who is a reservist of the U.S. Armed Forces, provided that the military leave has been approved, in advance, by the contracting officer or the Mission Director. A copy of the contractor’s official orders and the contracting officer or Mission Director approval will be part of the contract file.

(g) Leave Without Pay (LWOP). The contractor may be granted LWOP only with the written approval of the contracting officer or Mission Director, unless a such leave is requested for family and medical leave purposes under paragraph (i) of this clause.

(h) Compensatory Time. USAID may grant compensatory time off only with the written approval of the contracting officer or Mission Director in rare instances when it has been determined absolutely essential and consistent with the policies that apply to USAID U.S. direct-hire employees. The contractor may use earned compensatory time off in accordance with policies that apply to USAID direct-hire employees.

(i) Family and Medical Leave.

(1) USAID provides family and medical leave for eligible USPSCs working within the U.S., or any territories or possession of the U.S., in accordance with Title I of the Family and Medical Leave Act of 1993, as amended (FMLA), and as administered by the Department of Labor under 29

U.S. Agency for International Development 1300 Pennsylvania Avenue, NW Washington, DC 20523 www.usaid.gov

CFR 825. USAID also provides family and medical leave to eligible USPSCs working outside the U.S., or any territories or possession of the U.S., in accordance with this paragraph (i) outside the provisions of Title I of the FMLA as a matter of policy discretion.

(2) Family and medical leave only applies to USPSCs, not any other type of PSC.

(3) In accordance with 29 CFR 825.110, to be eligible for family and medical leave, the contractor must have--

(i) Been employed or under contract for at least twelve (12) months with a U.S. federal agency as a direct-hire or a personal services contractor; and

(ii) Performed at least 1,250 hours of service with a U.S. federal agency as a direct hire or a personal services contractor during the previous 12-month period immediately preceding the commencement of family and medical leave.

(4) In accordance with 29 CFR 825.200(a), and USAID’s internal policies available in Automated Directive System Chapter 309 (ADS 309), an eligible contractor may take up to twelve (12) workweeks of leave under FMLA, Title I, in any 12-month period for the reasons specified in 29

CFR 825.112.

(5) In accordance with 29 CFR part 825.207, the contractor may take LWOP for family and medical leave purposes. However, the contractor may choose to substitute LWOP with accrued annual or sick leave earned under the terms of this contract. If the contractor does not choose to substitute accrued paid leave, the contracting officer, in consultation with the contractor’s supervisor, may require the contractor to substitute accrued paid leave for LWOP. The contracting officer must obtain the required certifications for approval of family medical leave in accordance with USAID policy. The contractor must notify the contractor’s Supervisor of the intent to substitute paid leave for LWOP prior to the date such paid leave commences. After having invoked the entitlement to family and medical leave and taking LWOP for that purpose, the contractor cannot retroactively substitute paid leave for the LWOP already taken under family and medical leave.

(6) Family medical leave is not authorized for any period beyond the completion date of this contract.

(7) When requesting family medical leave, the contractor must submit the relevant leave request in writing, including certifications and other supporting documents required by 29 CFR 825 and USAID policy in ADS 309.

(8) The U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) Publication 1420 explains the FMLA’s provisions and provides information concerning procedures for filing complaints for violations of the Act.

(j) Paid Parental Leave.

(1) If the contractor is eligible for family and medical leave in accordance with paragraph (i) “Family and Medical Leave” of this clause, then instead of family and medical leave, the contractor may be authorized to take paid parental leave as specified in this paragraph, similar to that provided to USAID direct-hire employees. When authorized to do so by the contracting officer, the contractor may elect to substitute paid parental leave for up to twelve (12) workweeks of family and medical leave, as specified in paragraph (i) of this clause. The contractor may take such paid parental leave after the occurrence of the birth or placement of

U.S. Agency for International Development 1300 Pennsylvania Avenue, NW Washington, DC 20523 www.usaid.gov a child which results in the contractor assuming and continuing a parental role with respect to the newly born or placed child in accordance with the requirements of this paragraph (j).

(2) Paid parental leave may be taken intermittently or on a reduced leave schedule, subject to the mutual agreement of the contractor and their supervisor. Paid parental leave must be used no later than the end of the 12-month period beginning on the date of the birth or placement involved. At the end of that 12-month period, any unused balance of paid parental leave expires and is not available for future use. No payment will be made for unused or expired paid parental leave. Paid parental leave is not annual leave, and thus will not be included in any lump-sum payment for annual leave following completion or termination of the contract.

(3) To establish eligibility for paid parental leave, the contracting officer may require the contractor to provide documentation of entitlement and a signed certification. Appropriate documentation of entitlement is to show that the contractor’s use of paid parental leave is directly connected with a birth or placement that has occurred, such as a birth certificate or a document from an adoption or foster care agency regarding the placement.